MMSD Policies and Procedures: 4045

Madison Metropolitan School District
Board of Education Policies and Procedures

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POLICY	EXPULSION	4045 Pupils

Expulsion from School

The SCHOOL BOARD may expel a pupil from school whenever it finds the pupil (1) guilty of repeated refusal or neglect to obey the rules, or (2) finds that a pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or (3) finds that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health, or safety of others, or (4) finds that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health, or safety of others at school, or under the supervision of a school authority or endangered the property, health, or safety of any employee or school board member of the school district in which the pupil is enrolled, and (5) is satisfied that the interest of the school demands the pupil's expulsion.
In addition to the grounds set forth in paragraph 1 above, and for any other reason provided by law, the school board may expel from school a pupil who is at least 16 years old if the school board finds that the pupil repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under paragraph 1 above, and is satisfied that the interest of the school demands the pupil's expulsion.

s. 120.13(1)(c)

PROCEDURE	EXPULSION	4045 Pupils

Expulsion from School

Expulsion recommendations shall originate with and remain the responsibility of the PRINCIPAL.
A teacher or staff member shall advise the PRINCIPAL when s/he has information regarding (1) the pupil's repeated refusal or neglect to obey rules, (2) that the pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt being made or to be made to destroy any school property by means of explosives, (3) conduct by the pupil which has endangered the property, health, or safety of others or (4) other conduct by a pupil that constitute grounds for the expulsion of the pupil.
The PRINCIPAL shall evaluate the gravity of the situation and shall review the complete record of the student if such record is available in the District.
If the pupil has been identified as having a disability, the PRINCIPAL or her/his designee shall involve the DIRECTOR OF EDUCATIONAL SERVICES or her/his designee to determine how such identification and/or needs impact on the decision to recommend expulsion of the student.
The PRINCIPAL or her/his designee shall make a good faith effort to notify the pupil and if the pupil is a minor, the pupil's parent or guardian listed in district records, of the possibility of expulsion and shall keep a record either that the pupil and/or her/his parent or guardian were so notified or a record of the efforts that were made to contact the pupil and/or her/his parent or guardian.
In those cases in which the BOARD has permitted, but not mandated that a pupil be recommended for expulsion for particular behavior, and where the pupil is not ultimately recommended for expulsion, the PRINCIPAL shall make a reasonable effort to seek the cooperation of the pupil, and if the pupil is a minor, the pupil's parent or guardian, to consider interventions that have the goal of providing behavioral support, facilitating reengagement within school community, and finding solutions to any problems that may be identified. The PRINCIPAL may involve any community agency or agencies which include, but are not limited to, the Probation Department, Dane County Social Services, the Police Department, Juvenile Court, and the District Attorney.
In all cases in which a student is ultimately recommended for expulsion, the schools shall consider available options within the process that will ultimately facilitate the pupil's future reengagement in the school community, including but not necessarily limited to, proposing possible conditions for early reinstatement.
In all cases where a decision is made to recommend an expulsion, the PRINCIPAL shall send a letter to the pupil and, if the pupil is a minor, the pupil's parent or guardian as listed in the District records, stating that she/he is recommending that the pupil be expelled from school.
1. In those cases in which the BOARD has not mandated that a student be recommended for expulsion, after reviewing the PRINCIPAL'S recommendation, the Assistant Superintendent or her/his designee (who shall be an Instructional Assistant Superintendent) may recommend expulsion of the pupil to the SUPERINTENDENT, who will review the recommendations and may recommend expulsion to the BOARD or its designee; and
2. In those cases in which the BOARD has mandated that a student be recommended for expulsion, the PRINCIPAL, APPROPRIATE ASSISTANT SUPERINTENDENT, and the SUPERINTENDENT shall recommend the student's expulsion to the BOARD or its designee.
A recommendation of expulsion to the BOARD or its designee shall be accompanied by the appropriate documentation. Such documentation may include existing psychological and/or psychiatric examinations, records and/or assistance, suspension reports, conference and/or meeting summaries, violence risk assessment, etc.
A pupil may be suspended for not more than five (5) school days or, if a notice of expulsion hearing has been sent, for not more than a total of 15 consecutive school days for a regular education student or 10 days for a special education student for (1) repeated refusal or neglect to obey school rules, or for (2) knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for (3) conduct by the pupil while at school or while under the supervision of a school authority which endangers the property, health, or safety of others, or for (4) conduct while not at school or while not under the supervision of a school authority which endangers the property, health, or safety of others at school or under the supervision of a school authority or endangered the property, health or safety of any employee or school board member of the school district in which the pupil is enrolled, and (5) is satisfied that the interest of the school demands the pupil's expulsion.
The PRINCIPAL may suspend a pupil for up to five (5) days while the District is determining whether or not to seek the expulsion of the student.
When a pupil is suspended and, pursuant to paragraph 14 below, is sent a written notice of an expulsion hearing, the Superintendent shall place the pupil on off campus instruction and such placement shall continue either until the BOARD reviews and affirms the hearing examiner's/panel's order to expel the pupil or until the BOARD decides to expel the pupil.
Prior to such expulsion, the BOARD shall hold a hearing thereon.
1. The PRINCIPAL and/or other personnel specified by the SUPERINTENDENT shall be present at the BOARD hearing to substantiate the SUPERINTENDENT's recommendation for expulsion of the pupil.
2. Not less than 5 days' written notice of the hearing shall be sent, by Certified Mail, to the pupil and, if the pupil is a minor, to the pupil's parent or guardian specifying the particulars of the alleged refusal, neglect, or conduct stating the time, date, and place of the hearing and stating that the hearing may result in the pupil's expulsion. The notice shall also advise that:
  1. Upon the request of the pupil, and if the pupil is a minor, the pupil's parent or guardian, the hearing shall be closed.
  2. The pupil and, if the pupil is a minor, the parent or guardian, shall be given by the SUPERINTENDENT or her/his designee the names of attorneys or organizations, if available, who can provide indigent pupils with legal representation at no cost to the pupil or her/his parent or guardian.
  3. The pupil and, if the pupil is a minor, the parent or guardian may be represented by counsel and may confront and cross-examine any witness against the pupil, present a defense and that the pupil or the designated counsel shall be allowed to inspect at least 24 hours prior to the hearing the exhibits which will be presented in evidence.
  4. The pupil and, if the pupil is a minor, the parent or guardian, have a right to a transcript or BOARD minutes that shall be made of the hearing at the BOARD's expense.
  5. If the school board orders the expulsion of the pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.
  6. If the pupil is expelled by the school board, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the school board's decision to the department.
  7. If the school board's decision is appealed to the department, within 60 days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision.
  8. The decision of the school board shall be enforced while the department reviews the school board's decision.
  9. An appeal from the decision of the department may be taken within 30 days to the circuit court for the county in which the school is located.
  10. The state statutes related to pupil expulsion are ss. 119.25 and 120.13(1).
  11. The pupil and, if the pupil is a minor, the parent or guardian, of other information required by law.
At the hearing, prior to expelling the student, the SCHOOL BOARD must
1. 1. Find the pupil (1) guilty of repeated refusal or neglect to obey the rules, or find (2) that the pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or find (3) that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health, or safety of others or find (4) that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health, or safety of others at school, or under the supervision of a school authority or endangered the property, health, or safety of any employee or school board member of the school district in which the pupil is enrolled; and
  2. Be satisfied that the interest of the school demands the pupil's expulsion; or
2. 1. Find a pupil who is at least 16 years old repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under paragraph a(1) above; and
  2. Be satisfied that the interest of the school demands the pupil's expulsion; and/or
3. Make any other finding as required by law.
After the hearing, if the BOARD either orders the expulsion of the pupil or if the BOARD does not order the expulsion of the pupil, the SCHOOL DISTRICT CLERK or his/her designee shall provide a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.
1. The expelled pupil or, if the pupil is a minor, her/his parent or guardian, may appeal the expulsion to the STATE SUPERINTENDENT of PUBLIC INSTRUCTION.
2. An appeal from the decision of the STATE SUPERINTENDENT of PUBLIC INSTRUCTION may be taken within thirty (30) days to the CIRCUIT COURT of the county in which the school is located.
1. At the option of the BOARD, instead of using the process described above, the BOARD may adopt a resolution, which is effective only during the school year in which it is adopted, authorizing the appointment of a hearing officer or hearing panel to determine pupil expulsion from school. During any school year in which a resolution has been adopted, the hearing officer or panel appointed by the BOARD may expel a pupil from school whenever the hearing officer or panel finds that the pupil engaged in conduct that constitutes grounds for expulsion in accordance with the grounds that are set forth in this policy.
2. Should the BOARD adopt a resolution authorizing the use of a hearing examiner/panel, pursuant to paragraph 16.a above, the following procedure for assigning a hearing examiner/panel to an expulsion case shall be followed:
  1. At the time the pupil has been sent a written notice of her/his expulsion hearing pursuant to paragraph 18 below, the SUPERINTENDENT or her/his designee shall send to the pupil and, if the pupil is a minor, to the pupil's parent/guardian a notice:
    1. That the BOARD President or her/his designee shall randomly select and assign a hearing examiner/panel to the pupil's case from among the names of all hearing examiners/panelists authorized and available for such assignment.
Prior to such expulsion, the hearing officer or panel shall hold a hearing thereon.
1. The PRINCIPAL and/or other personnel specified by the SUPERINTENDENT shall be present at the hearing to substantiate the SUPERINTENDENT'S recommendation for expulsion of the pupil.
2. Not less than 5 days' written notice of the hearing shall be sent, by Certified Mail, to the pupil and, if the pupil is a minor, to the pupil's parent or guardian specifying the particulars of the alleged refusal, neglect, or conduct stating the time, date, and place of the hearing and stating that the hearing may result in the pupil's expulsion. The notice shall also advise that:
  1. Upon request of the pupil and, if the pupil is a minor, the parent or guardian, the hearing shall be closed.
  2. The pupil and, if the pupil is a minor, the parent or guardian, shall be given by the SUPERINTENDENT or her/his designee the names of attorneys or organizations, if available, who can provide indigent pupils with legal representation at no cost to the pupil or her/his parent or guardian.
  3. The hearing officer or panel shall keep a full record of the hearing. The hearing officer or panel shall inform each party of the right to a complete record of the proceeding. Upon request, the hearing officer or panel shall direct that a transcript of the record be prepared and that a copy of the transcript be given to the pupil and, if the pupil is a minor, the pupil's parent or guardian.
  4. The pupil and, if the pupil is a minor, the parent or guardian, may be represented by counsel and may confront and cross-examine any witness against the pupil, present a defense, and that the pupil or the designated counsel shall be allowed to inspect at least 24 hours prior to the hearing the exhibits which will be presented in evidence.
  5. If the school board orders the expulsion of the pupil, the school district clerk shall mail a copy of the order to the pupil and, if the pupil is a minor, to the pupil's parent or guardian.
  6. If the pupil is expelled by the school board, the expelled pupil or, if the pupil is a minor, the pupil's parent or guardian may appeal the school board's decision to the department.
  7. If the school board's decision is appealed to the department, within 60 days after the date on which the department receives the appeal, the department shall review the decision and shall, upon review, approve, reverse or modify the decision.
  8. The decision of the school board shall be enforced while the department reviews the school board's decision.
  9. An appeal from the decision of the department may be taken within 30 days to the circuit court for the county in which the school is located.
  10. The state statutes related to pupil expulsion are ss. 119.25 and 120.13(1).
  11. The pupil and, if the pupil is a minor, the parent or guardian, of other information required by law.
At the hearing, prior to ordering the expulsion of the student, the hearing officer or panel must:
1. 1. Find the pupil (a) guilty of repeated refusal or neglect to obey the rules, or find (b) that the pupil knowingly conveyed or caused to be conveyed any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives or find (c) that the pupil engaged in conduct while at school or while under the supervision of a school authority which endangered the property, health, or safety of others or find (d) that a pupil while not at school or while not under the supervision of a school authority engaged in conduct which endangered the property, health, or safety of others at school, or under the supervision of a school authority or endangered the property, health, or safety of any employee or school board member of the school district in which the pupil is enrolled; and
  2. Be satisfied that the interest of the school demands the pupil's expulsion; or
2. 1. Find a pupil who is at least 16 years old repeatedly engaged in conduct while at school or while under the supervision of a school authority that disrupted the ability of school authorities to maintain order or an educational atmosphere at school or at an activity supervised by a school authority and that such conduct does not constitute grounds for expulsion under paragraph 19.a.1) above; and
  2. Be satisfied that the interest of the school demands the pupil's expulsion; and/or
3. Make any other finding as required by law.
After the hearing, the hearing officer or panel shall issue an Order and the SCHOOL DISTRICT shall mail:
1. A copy of the order to the SCHOOL BOARD, the pupil and, if the pupil is a minor, the pupil's parent or guardian; and provide a letter to the pupil, and if the pupil is a minor, the pupil's parent or guardian, which indicates the date that the Board will meet to review the Hearing Examiner's Order.
Within thirty (30) days after the date on which the order is issued, the SCHOOL BOARD shall review the expulsion order and shall, upon review, approve, reverse, or modify the order. The order of the hearing officer or panel shall be enforced while the SCHOOL BOARD reviews the order. After the SCHOOL BOARD issues an Order, a copy of the SCHOOL BOARD's Order shall be provided to the pupil and if the pupil is a minor, to the pupil's parent or guardian.
If the pupil's expulsion is approved by the SCHOOL BOARD, the expelled pupil and, if the pupil is a minor, the pupil's parent or guardian, may appeal the SCHOOL BOARD'S decision to the STATE SUPERINTENDENT. The SCHOOL BOARD's decision shall be enforced until the STATE SUPERINTENDENT renders his/her decision.
An appeal from the decision of the STATE SUPERINTENDENT may be taken within thirty (30) days to the Circuit Court of the County in which the school is located.

Board of Education Standard of Review of Hearing Officer Decisions

The Board of Education will review:
1. Whether the Hearing Officer's view of the record is the most reasonable view of the record evidence, and if not, add, delete or modify findings as necessary; and
2. The Hearing Officer's conclusion that the interest of the school demands the expulsion of the pupil; and
3. The supplemental information contained in the Expulsion Off-Campus Instruction Form and the Case Summary from the Office of Legal Services on the issue of the length of the expulsion and the terms and conditions of early readmission.
The Board of Education will ultimately decide:
1. Whether the decision of the Hearing Officer to expel the pupil should be approved, reversed or modified; and
2. If the Hearing Officer's decision is modified, what the specific modification(s) will be.

DEFINITIONAL NOTE: (1) The "record" in an expulsion hearing consists of the transcript of the hearing proceeding, the exhibits received into evidence during the expulsion hearing, and the written decision of the Hearing Officer. The "supplemental information" that may be considered in an expulsion review consists of the Expulsion Off-Campus Instruction Form and the Case Summary from the Office of Legal Services.

5/19/08

Madison Metropolitan School District Board of Education Policies and Procedures

Madison Metropolitan School District
Board of Education Policies and Procedures